ET View: Kudos to Supreme Court, clarity needed on Governor's role

ET Bureau|

Updated: May 17, 2018, 02.25 PM IST

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The Supreme Court’s pre-dawn hearing of the petition filed by the Congress-JD (S) to stall of B S Yeddyurappa’s swearing-in as Karnataka chief minister is welcome, given the urgency of the matter. That the Court did not pass an order to stay the oath taking ceremony is also right. It has also made it clear that government formation in the state would be subject to the outcome of the case before it, and that’s logical.

In Goa, Manipur and Meghalaya, the Congress had won the largest number of seats and (reportedly) staked claim before the respective governor to form government, but the BJP secured a majority there with post-poll alliances and their leaders were sworn in as chief ministers. Not surprisingly the Congress has cited these precedents. But the BJP has staked claim to form the government by virtue of being the single largest party. The Supreme Court must provide clarity on what needs to follow to prevent horse trading by any party to rustle up numbers. The norms must be uniform, and not vary from state to state.

Ideally, the Governor should ask each political outfit that says it has a claim to power to establish its majority by directly elected lawmakers on the floor of the assembly. This is the best way to test a House majority since the landmark 1994 Bommai judgement of the Supreme Court. If no party proves a convincing majority, the House must be dissolved and fresh elections held in six months.

Also, courts must not interfere in the working of the legislature unless something goes patently wrong.